Gujarat Govt Notifies Disturbed Areas Act Amendment; Replaces ‘Disturbed Area’ With ‘Specified Area’

Ahmedabad: The Gujarat government has issued an official gazette notification bringing into effect key amendments to the state’s Disturbed Areas Act, introducing several changes to the process of regulating property transactions in communally sensitive localities.

Under the amended law, the term “Disturbed Area” has been replaced with “Specified Area”. Such areas will now be notified by the state government based on the recommendations of a newly constituted Monitoring and Advisory Committee.

According to the notification, the committee will assess whether an area has witnessed prolonged communal disturbances or is likely to face communal tension that could lead to the displacement of residents in the future. Based on its recommendations, the government may declare the locality a Specified Area.

The amendments also introduce new definitions, including “Monitoring and Advisory Committee” and “person aggrieved”, to streamline the implementation of the Act.

The new law also strengthens the scrutiny of property transactions in specified areas. Before granting permission for the sale or transfer of immovable property, the District Collector will conduct a detailed probe to verify that the transaction has been entered into with free consent, reflects the fair market value of the property, and is not likely to trigger communal tension or disturb public order.

A Special Investigation Team (SIT) will assist the authorities in examining such cases and gathering information related to communal sensitivity before approvals are granted for the transfer of property.

The amended law also provides for the cancellation of illegal property transfers. If a transfer is declared invalid, the transaction will be cancelled, the seller will have to refund the consideration received within six months, and possession of the property must be restored to the original owner within the same period.

The notification containing the detailed rules has been issued by the state government, and the amended provisions will come into force on a date to be notified separately. DeshGujarat